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Randi Joy Silverman

Randi Silverman’s Answers

1,188 total


  • My wife and I separated ,I am a gay male and in a relationship with a man she won't give me a divorce what can I do?

    She has know that I liked men since I was 13 she has cheated on me numerous times during our marriage. We are no longer together and have not been since early may. Out of sheer spite she will not sighs the divorce papers despite the fact that my ...

    Randi’s Answer

    You have several complicated issues that need to be addressed by an attorney. You will need to consult with an experienced family law attorney to advise you in this matter. Whether you can proceed without her consent will depend on how long you were separated and whether you are able to prove that she committed grounds for divorce. However, under the circumstances that you described, I am anticipating that both of you will have defenses.

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  • If the custodial parent of child becomes deceased and the non custodial parent is alive do they take custody of said child.?

    Custodial parent of child died in a car accident and there was a will stating the child is to go to his parents , is this legal when the other living parent is still alive? Child is now living with the deceased girlfriend. Said grandparent and sai...

    Randi’s Answer

    Attorney Hilbush has given you excellent advice. There is a presumption that children should be in the custody of parents rather than non-parents. Therefore, you should act quickly to retain an experienced family law attorney to pursue physical custody of the child. If you wait, I could affect your credibility.

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  • Can a recreational hockey organization keep me from going to away games that are played in public rinks?

    I share legal custody of my son with my parents. My mother and I had a confrontation on October 19, 2013 after a hockey at the home rink. I was banned from there and attended an away game yesterday. I was informed that the organization is trying t...

    Randi’s Answer

    You can be banned from the rink if your behavior was outrageous, but you should speak to an attorney so that he/she can intervene to try to prevent this from occurring. In the future, you should walk away and speak to your attorney to see if you can address your concerns through the attorneys or the court rather than getting involved in a confrontation that can be upsetting and embarrassing to the child and others.

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  • The mother of my son lost custody to OCYS does that mean I lost mine too?

    The mother and I have never been together. She has been denying my parental rights of partial legal and physical custody. We were in the middle of a court case of her being in contempt of the orders because for 2 years she has cut me out of his l...

    Randi’s Answer

    In my opinion, you should be speaking to an experienced family law attorney in your area so that you can take the appropriate action to gain physical custody of the child. If OCY removed the child from her custody, they could be very valuable witnesses for you. Now that you are aware of the situation, you should act quickly. We cannot help you on this site.

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  • Getting divorced. No children together. Married in '2005. Hse. in his name. Husband kicked me out around June. No affairs.

    My name not on home for credit reasons. Did contribute closing fee and down-payment when purchasing. Did a lot of manual labor together and alone. I purchased numerous things for the house. Do I get any part of the house value? Also went in to ...

    Randi’s Answer

    The increase in the equity value of the real estate from the date of marriage through the date of separation is marital property. The overall distribution, however, depends on all of the assets that are part of the estate and a list of other factors that the court must consider. You should speak to a local attorney for more specific advice.

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  • Can inheritance or lottery winnings be considered for child support in pa?

    My boyfriend and I just broke up. We have a 5 month old baby that he has had very little to do with and has basically bought nothing but a couple packs of diapers for. He has a child he supports from a previous relationship and also 2 other childr...

    Randi’s Answer

    The inheritance is not income for suupport purposes unless he invests it. If he invests it, the gain or interest on the inherited funds is income for support purposes. The lottery jackpot is an other story. It is income for support purposes. Because of the amount, it is likely that it will be prorated over a period of time. You need to speak to an experienced family law attorney in your area to discuss this matter and to pursue the support that you are entitled to collect.

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  • Is using a mediator to finalize a divorce in PA advisable if both parties are interested in settling the matter?

    My ex and I have been separated for more than 2 years and our divorce papers were filed at the time of separation. We both agree that it is everyone's best interest to finalize our divorce as soon as possible. There are no marital assets to spea...

    Randi’s Answer

    I agree with Attorney Tupitza. If you plan to withhold the fact that you filed for bankruptcy protection, mediation is not an option. The only way that mediation can work is if both parties disclose all relevant information. You should speak with an experienced family law attorney.

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  • Is soon to be ex wife entitled to money awarded to me from a lawsuite before we got married

    I filed a lawsuite before we got married and won 30,000 dollars after we were married is she entitaled to half in divorce

    Randi’s Answer

    I already answers this question.

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  • Is soon to be ex wife entitled to money awarded to me from a lawsuite before we got married

    I filed a lawsuite before we got married and won 30,000 dollars after we were married is she entitaled to half in divorce

    Randi’s Answer

    It depends. If you deposited the settlement funds into an account solely in your name, the funds would not be marital because the accident occurred prior to the date of marriage. However, if you put the funds into a joint account, they would likely be part of the marital estate. You should consul with a local experienced family law attorney for more specific advice.

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